20170520 Ver 1_Request for Withdrawal_20170601

Strickland, Bev
From: John Jarrell <[e-mail]>
Sent: Thursday, June 01, 2017 8:50 AM
To: Scarbraugh, Anthony
Subject: Re: City of Kinston - Phase IV Briery Run Outfall Sewer Rehabilitation ( DWR Project
2017-0520)
Anthony,
Is there a process to withdrawing the PCN application other than making a request. If you need a request in a formal
letter. If not this e-mail can be the request to withdraw the PCN.
Thanks,
John A. Jarrell, III
City Engineer
City of Kinston
2360 Highway 258 South
Kinston, North Carolina 28504
or
P.O. Box 339
Kinston, North Carolina 28502
Phone: [phone]
FAX: [phone]
e-mail: [e-mail]
>>> "Scarbraugh, Anthony" <[e-mail]> 6/1/2017 8:37 AM >>>
Mr. Jarrell,
I greatly appreciate you taking the time to meet with Mr. Beecher and I concerning the Pre -Construction Notification
(PCN) received by the Division of Water Resources on April 27, 2017 and place on hold for additional information on
May 23, 2017. During our conversation, you explained that the proposed 19 stream crossing proposed in the project
area already exist and will be only upgrades and/or stabilization of existing crossings. In addition, you explained that the
existing access is inadequate and problematic for vehicular traffic to the existing sewer line. Therefore, you are also
proposing seven wetland impact areas totaling 0.86 acres.
After gaining a better understanding of the project scope, Mr. Beecher and I discussed with you that avoidance and
minimization of impacts would need to be demonstrated for stream, wetland and buffer impacts. In addition, site
specific maps with an accurate accounting of stream, wetland and buffer impacts for each location will need to be part
of the new PCN application. I recommended withdrawing of the current PCN application due to the need to provide
more accurate impact map for each proposed location after a jurisdictional determination has been performed by Mr.
Beecher and myself. Mr. Beecher discussed the need to provide mitigation for any impacts over 0.10 acre when utilizing
the Nationwide 12 permit. In addition, he discussed the wetland and stream impacts as proposed would require an
individual permit. Mr. Beecher, you and I have tentatively scheduled a field day for July 11 at 9 AM to establish the
existing jurisdiction for wetlands, streams (DWR applicable to Neuse River Buffer Rules) and/or waters within your
proposed project area.

Please complete the attached stream determination form and return it to my attention. The associated maps you have
already provided as part of the PCN application. Again, please request a withdraw of the existing PCN application per
our discussion yesterday.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Water Resources
Environmental Quality
City of Kinston
Attn: Mr. Tony Sears, City Manager
207 East King Street
Kinston, NC 28501
June 1, 2017
Subject: WITHDRAWAL OF APPLICATION
CITY OF KINSTON — BRIERY RUN SEWER REHABILITATION PHASE IV
Dear Mr. Sears:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 2017-0520
LENOIR County
On April 27, 2017, you requested a 401 Water Quality and Neuse River Buffer Authorization Certifications from
the Division of Water Resources (Division). On June 1, 2017, the Division received a request from you to
withdraw the current application. Therefore, your file is hereby considered withdrawn.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or Neuse River
Riparian Buffer Rules for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any
questions or concerns.
Sincerely,
':�t4
Robert Tankard, Assista Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO (via email)
Laserfiche
File
- a" -Nothing Compares f
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481